West Virginia HB 4894: Relating to utility affordability and economic competitiveness

Bill Text

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

FISCAL NOTE

Introduced

House Bill 4894

By Delegates Dillon, Bridges, Coop-Gonzalez, Holstein, Ridenour, and White

[Introduced January 28, 2026; referred to the Committee on Energy and Public Works then Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §24-2J-1, §24-2J-2, §24-2J-3, §24-2J-4, §24-2J-5, §24-2J-6, §24-2J-7, §24-2J-8, §24-2J-9, §24-2J-10, §24-2J-11, and §24-2J-12, relating to utilities; providing a short title; providing legislative findings and declarations; providing definitions; creating a moratorium on rate increase; establishing phases  and standards to restore utility affordability and reliability to state residents.

Be it enacted by the Legislature of West Virginia:



ARTICLE 2J. WEST VIRGINIA UTILITY AFFORDABILITY AND ECONOMIC COMPETITIVENESS ACT.



§24-2J-1. Short title.



This article shall be known and cited as the "West Virginia Utility Affordability and Economic Competitiveness Act".

§24-2J-2. Legislative findings and declarations.



The Legislature finds and declares that: 

(1) West Virginia households and businesses bear among the highest total utility costs in the United States when electricity and water rates, riders, surcharges, and mandatory fees are considered collectively; 

(2) Excessive utility costs impose a regressive burden on families and materially reduce disposable income; 

(3) High utility costs undermine the competitiveness of the State for business investment, workforce attraction, and population retention; 

(4) Utility costs create an economy-wide drag that compounds poverty and suppresses long-term economic growth; 

(5) Existing regulatory frameworks have insufficiently prioritized affordability, competitiveness, and full system-wide cost impacts; 

(6) The State has a compelling interest in restoring utility affordability as a matter of economic policy, fiscal responsibility, and household financial security; and 

(7) Utility affordability and reliability are foundational to economic development and shall be treated as core functions of state government. 

§24-2J-3. Definitions.



For purposes of this article and all proceedings conducted pursuant to this article, the following terms have the meanings ascribed to them unless the context clearly indicates otherwise: 

"Affordable" or "Affordability" means:

(A) The lowest cost method of providing electricity is used, factoring in the true and total cost of each generation source including, but not limited to, potential foreign and domestic supply chain disruptions, environmental degradation, environmental remediation, and excluding any direct or indirect payment by any level of government for the past five years; and 

(B) The degree to which utility service costs, when measured on a true, total and comprehensive basis, minimize the financial burden on residential, commercial, and industrial customers, including consideration of: 

(i) All rates, riders, surcharges, and mandatory fees; 

(ii) Impacts on household disposable income; 

(iii) Cost competitiveness relative to surrounding and peer states; and 

(iv) Long-term cost stability. 

Affordability shall be evaluated on a system-wide basis and not solely by reference to individual projects or short-term rate impacts. 

"Clean" or "Green" means any energy generated by utilizing those energy sources listed in 42 U.S.C. 15852(b) or, in the case of hydrocarbons, when combusted for the purpose of electricity generation meet the National Ambient Air Quality Standards set by the United States Environmental Protection Agency under the authority of the Clean Air Act and includes energy generated by coal or natural gas.

"Comprehensive cost of electricity" means the all-in cost per kilowatt-hour paid by ratepayers, including but not limited to: 

(A) Base rates; 

(B) Fuel adjustment charges; 

(C) Riders and surcharges; 

(D) Transmission and distribution charges; 

(E) Capacity, reliability, and ancillary service charges; and 

(F) Any other mandatory utility-related fees. 

"Reliability" means a source of electricity that is not subject to intermittent availability or routine expected daily weather and has a performance standard of 70 percent or greater and only falls below that level during routine maintenance or repairs, excluding natural gas turbine peaker plants. 

"Foreign adversary nation" means any country that is designated by the federal government of the United States as a foreign adversary or country of concern, including any country that: 

(A) Is designated as a foreign adversary under 15 C.F.R. § 7.4, or any successor regulation; 

(B) Is designated as a state sponsor of terrorism by the United States Department of State; 	(C) Is subject to comprehensive United States sanctions administered by the Office of Foreign Assets Control; 

(D) Includes any entity that is owned by, controlled by, or subject to the jurisdiction or direction